In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I defend that, according to Kant’s practical philosophy, the normative connection between justice and law is not supposed to be carried out at the juridical level, as a meta-juridical theory, but at the political one, making it a meta-political theory.

In this article I argue that the current readings of permissive law fall into hermeneutical difficulties and do not completely explain Kant’s complex use of the concept. I argue that the shortcomings of these interpretations can only be overcome by relating permissive law to practical teleology. That teleological thinking has a role in Kant’s moral thought by way of history is not new. Here, however, I argue that the system of rights itself is in some manner teleologically situated. This interpretation (...) allows us to understand that Kant’s Doctrine of Right plays the role of a realist utopia. (shrink)

This book investigates several dimensions of the concept of cosmopolitanism since Kant. The first of these dimensions is a world vision that considers the construction of a 'cosmopolitan self' as a question of justice. The second is the idea that a local political-legal order is fully democratic only if it respects the environment and the human rights of all people of the world, regardless of their citizenship. The third dimension concerns the practice of crossborder associations between individuals, institutionalized or not (...) (cosmopolitics, as Balibar called it). The fourth considers individuals as subjects of international law, as in the case of individual petitions concerning human rights through the European Court of Human Rights and individual responsibility in international criminal law. Finally, the fifth dimension is a form of ecological consciousness based on the relationship between the self and the cosmos, which would imply a profound revision of modern anthropocentric concepts."--Publisher. (shrink)

Because no single person or group holds knowledge about all aspects of research, mechanisms are needed to support knowledge exchange and engagement. Expertise in the research setting necessarily includes scientific and methodological expertise, but also expertise gained through the experience of participating in research and/or being a recipient of research outcomes. Engagement is, by its nature, reciprocal and relational: the process of engaging research participants, patients, citizens and others brings them closer to the research but also brings the research closer (...) to them. When translating research into practice, engaging the public and other stakeholders is explicitly intended to make the outcomes of translation relevant to its constituency of users. In practice, engagement faces numerous challenges and is often time-consuming, expensive and ‘thorny’ work. We explore the epistemic and ontological considerations and implications of four common critiques of engagement methodologies that contest: representativeness, communication and articulation, impacts and outcome, and democracy. The ECOUTER methodology addresses problems of representation and epistemic foundationalism using a methodology that asks, “How could it be otherwise?” ECOUTER affords the possibility of engagement where spatial and temporal constraints are present, relying on saturation as a method of ‘keeping open’ the possible considerations that might emerge and including reflexive use of qualitative analytic methods. This paper describes the ECOUTER process, focusing on one worked example and detailing lessons learned from four other pilots. ECOUTER uses mind-mapping techniques to ‘open up’ engagement, iteratively and organically. ECOUTER aims to balance the breadth, accessibility and user-determination of the scope of engagement. An ECOUTER exercise comprises four stages: engagement and knowledge exchange; analysis of mindmap contributions; development of a conceptual schema ; and feedback, refinement and development of recommendations. ECOUTER refuses fixed truths but also refuses a fixed nature. Its promise lies in its flexibility, adaptability and openness. ECOUTER will be formed and re-formed by the needs and creativity of those who use it. (shrink)

We agree with Alfandre and colleagues that ethics guidance for contingency conditions in public health emergencies is urgently needed. The Minnesota COVID Ethics Collabora...

A argumentação desenvolvida no presente artigo se propõe a defender a interpretação austera do construtivismo em Kant das objeções a ela levantadas por Jeremy Schwartz (2017) em seu artigo _Was Kant a ‘Kantian Constructivist’?_. Tendo isso em vista, primeiramente, procede-se à reconstrução da interpretação de Schwartz para a distinção analítico-sintética na esfera prática a partir da caracterização por contradição e à indicação de objeções para sua aceitação. Na sequência, apresenta-se a caracterização de analiticidade por continência e como esta pode ser (...) transposta para o caso dos imperativos sem resultar em conflitos com a interpretação austera do construtivismo. Por fim, delineiam-se considerações quanto à formalidade dos princípios constitutivos da razão prática e seu escopo, chegando à conclusão de que não se pode estabelecer uma identidade entre construtivismo austero e logicismo prático. (shrink)

To inform medical education reform efforts, we systematically collected information on the level of arts and humanities engagement in our medical school community. Attitudes regarding incorporating arts and humanities-based teaching methods into medical education and patient care were also assessed. An IRB-approved survey was electronically distributed to all faculty, residents, fellows, and students at our medical school. Questions focused on personal practice of the arts and/or humanities, as well as perceptions of, and experience with formally incorporating these into medical teaching. (...) Of 13,512 community members surveyed, 2,775 responded. A majority of respondents agreed or strongly agreed that medical education and patient care could be "enhanced" by the integration of the arts. There was enthusiastic support for the creation of a formal program in the arts at our medical school. Integration of the arts into medical education may have a role in improving the quality of medical training and would likely be well received by teachers and learners. (shrink)

BackgroundEngagement is important within cohort studies for a number of reasons. It is argued that engaging participants within the studies they are involved in may promote their recruitment and retention within the studies. Participant input can also improve study designs, make them more acceptable for uptake by participants and aid in contextualising research communication to participants. Ultimately it is also argued that engagement needs to provide an avenue for participants to feedback to the cohort study and that this is an (...) ethical imperative. This study sought to explore the participants’ experiences and thoughts of their engagement with their birth cohort study.MethodsParticipants were recruited from the Children of the 90s (CO90s) study. Qualitative semi-structured interviews were conducted with 42 participants. The interviews were transcribed verbatim, and uploaded onto Nvivo software. They were then analysed via thematic analysis with a constant comparison technique.ResultsParticipants’ experiences of their engagement with CO90s were broadly based on three aspects: communication they received from CO90s, experiences of ethical conduct from CO90s and receiving rewards from CO90s. The communication received from CO90s, ranged from newsletters explaining study findings and future studies, to more personal forms like annual greeting cards posted to each participant. Ethical conduct from CO90s mainly involved participants understanding that CO90s would keep their information confidential, that it was only involved in ‘good’ ethical research and their expectation that CO90s would always prioritise participant welfare. Some of the gifts participants said they received at CO90s included toys, shopping vouchers, results from clinical tests, and time off from school to attend data collection (Focus) days. Participants also described a temporality in their engagement with CO90s and the subsequent trust they had developed for the cohort study.ConclusionThe experiences of engagement described by participants were theorized as being based on reciprocity which was sometimes overt and other times more nuanced. We further provide empirical evidence of participants’ expectation for a reciprocal interaction with their cohort study while highlighting the trust that such an interaction fosters. Our study therefore provides key insights for other cohort studies on what participants value in their interactions with their cohort studies. (shrink)

Increasingly, medical educators integrate art-viewing into curricular interventions that teach clinical observation—often with local art museum educators. How can cross-disciplinary collaborators explicitly connect the skills learned in the art museum with those used at the bedside? One approach is for educators to align their pedagogical approach using similar teaching methods in the separate contexts of the galleries and the clinic. We describe two linked pedagogical exercises—Visual Thinking Strategies (VTS) in the museum galleries and observation at the bedside—from “Training the Eye: (...) Improving the Art of Physical Diagnosis,” an elective museum-based course at Harvard Medical School. It is our opinion that while strategic interactions with the visual arts can improve skills, it is essential for students to apply them in a clinical context with faculty support—requiring educators across disciplines to learn from one another. (shrink)

We set out longtermist political philosophy as a research field by exploring the case for, and the implications of, ‘institutional longtermism’: the view that, when evaluating institutions, we should give significant weight to their very long-term effects. We begin by arguing that the standard case for longtermism may be more robust when applied to institutions than to individual actions or policies, both because institutions have large, broad, and long-term effects, and because institutional longtermism can plausibly sidestep various objections to individual (...) longtermism. We then address points of contact between longtermism and some central values of mainstream political philosophy, focusing on justice, equality, freedom, legitimacy, and democracy. While each value initially seems to conflict with institutional longtermism, we find that these conflicts are less clear-cut upon closer inspection, and that some political values might even provide independent support for institutional longtermism. We end with a grab bag of related questions that we lack space to explore here. (shrink)

This chapter defends a legal human right to tobacco control. Building on existing work, the chapter argues that the legal case for such a right is strong. Existing international human rights treaties, chiefly the International Covenant on Economic, Social and Cultural Rights, recognize a human right to health alongside several other rights that speak for covering tobacco control under human rights law. Drawing on Allen Buchanan’s pluralistic justificatory framework for human rights, the chapter argues that the philosophical case is strong (...) too. Tobacco is among the deadliest public health threats worldwide and its health impacts so severe that humans should have a claim against their governments to protect them against the harms of tobacco. Human rights law is a promising avenue to strengthen this claim. The chapter then defends a human right to tobacco control against several philosophical worries. For example, is strong tobacco control compatible with personal freedom? Is it compatible with personal consent? Would human rights legislation facilitate power relations that unduly restrict national and individual self-determination? This chapter argues that concerns with freedom of choice, consent and power relations do not speak against tobacco control. Conversely, a concern with power relations speaks for a human right to tobacco control as it could lessen the power asymmetries between tobacco companies and vulnerable populations, such as children, smokers of lower socio-economic status and citizens in low-income countries with weaker governance structures. (shrink)

Several important questions in applied ethics – like whether to switch to a plant-based diet, reduce greenhouse gas emissions, or vote in elections – seem to share the following structure: if enough people ‘cooperate’ and become vegan for example, we bring about a better outcome; but what you do as an individual seems to make no difference whatsoever. Such collective action problems are often thought to pose a serious challenge to consequentialism. In response, I defend the Reactive Attitude Approach: rather (...) than focus only on the deontic status of (non-)cooperative acts – as existing consequentialist responses mostly do – consequentialists should also focus on when to praise or blame individuals. For example, even if your veganism does not change the overall outcome, consequentialists might still recommend praising you for your cooperative behavior. I make a consequentialist case for including praise and blame in our ethical practices around collective action and argue that doing so helps us capture important intuitions. I develop and defend these arguments by drawing on recent instrumentalist theories of blame and responsibility. (shrink)

A hermeneutical cloud still dominates ongoing discourse on the meaning and application of הֶבֶל, a crucial weaving thread in the book of Ecclesiastes. The Hebrew Qoheleth, presumably the disguised author, proposes the theological ideology of hebel as the totality of human existence in this book. What does Qohelethintend to achieve by asserting and dismissing everything in human experience as hebel? This article proposes a political and economic reading of Ecclesiastes, holding that the author, from personal observation, saw and addressed life (...) from the point of view of ivory tower aristocrats who sought to control their environment by every means to their benefit. It suggests that a political and economic reading of Ecclesiastes locates another perspective on Qoheleth’s purposes for the use of hebel. As such, it argues that the Qoheleth uses hebel as a literary rhetorical device as an evaluative grid to critique and indict the negative behaviour of the politically powerful and the wealthy, to caution against the reckless abuse of political and economic power to their benefit by those who live in privilege in society, and lastly to give counsel for an appropriate application of such privileged power for the good of society vis-à-vis the transitory, transient and unpredictable nature of human existence. (shrink)

Against the background of a disenfranchised and hopeless exilic Israel, Ezekiel received the vision of ‘Dry Bones’, predicting an eschatological resuscitation and resurrection to life and restoration to the land of Yahweh’s covenant people. This article previews the political, social, economic and moral conditions of many African societies as being in a disenfranchised, hopeless exilic state. It nonetheless argues that the theological essence of Ezekiel’s visionary imagery of ‘Dry Bones’ resonates well with such deteriorating and hopeless African societies. It envisages (...) the semblances, relatedness and relevance of Ezekiel’s hope principle of a restorative eschatological theology as a possible reality for Africa’s hopeless present ‘Dry Bones’ state. Upon this hope principle, the article proposes a theological framework of faith against despondency and despair for the realisation of such eschatological reality for Africa. It holds that God is equally capable of displaying his restorative power and sovereignty to reverse the hopeless conditions of African nations in demonstration of his love, compassion and care as he did for the apparently irreparable condition of exilic Israel. (shrink)

The present paper draws on climate science and the philosophy of science in order to evaluate climate-model-based approaches to assessing climate projections. We analyze the difficulties that arise in such assessment and outline criteria of adequacy for approaches to it. In addition, we offer a critical overview of the approaches used in the IPCC working group one fourth report, including the confidence building, Bayesian and likelihood approaches. Finally, we consider approaches that do not feature in the IPCC reports, including three (...) approaches drawn from the philosophy of science. We find that all available approaches face substantial challenges, with IPCC approaches having as a primary source of difficulty their goal of providing probabilistic assessments. (shrink)

Biological evolution provides a creative fount of complex and subtle adaptations, often surprising the scientists who discover them. However, because evolution is an algorithmic process that transcends the substrate in which it occurs, evolution’s creativity is not limited to nature. Indeed, many researchers in the field of digital evolution have observed their evolving algorithms and organisms subverting their intentions, exposing unrecognized bugs in their code, producing unexpected adaptations, or exhibiting outcomes uncannily convergent with ones in nature. Such stories routinely reveal (...) creativity by evolution in these digital worlds, but they rarely fit into the standard scientific narrative. Instead they are often treated as mere obstacles to be overcome, rather than results that warrant study in their own right. The stories themselves are traded among researchers through oral tradition, but that mode of information transmission is inefficient and prone to error and outright loss. Moreover, the fact that these stories tend to be shared only among practitioners means that many natural scientists do not realize how interesting and lifelike digital organisms are and how natural their evolution can be. To our knowledge, no collection of such anecdotes has been published before. This paper is the crowd-sourced product of researchers in the fields of artificial life and evolutionary computation who have provided first-hand accounts of such cases. It thus serves as a written, fact-checked collection of scientifically important and even entertaining stories. In doing so we also present here substantial evidence that the existence and importance of evolutionary surprises extends beyond the natural world, and may indeed be a universal property of all complex evolving systems. (shrink)

The essays in this book demonstrate the breadth and vitality of American intellectual history. Their core theme is the diversity of both American intellectual life and of the frameworks that we must use to make sense of that diversity. The Worlds of American Intellectual History has at its heart studies of American thinkers. Yet it follows these thinkers and their ideas as they have crossed national, institutional, and intellectual boundaries. The volume explores ways in which American ideas have circulated in (...) different cultures. It also examines the multiple sites--from social movements, museums, and courtrooms to popular and scholarly books and periodicals--in which people have articulated and deployed ideas within and beyond the borders of the United States. At these cultural frontiers, the authors demonstrate, multiple interactions have occurred - some friendly and mutually enriching, others laden with tension, misunderstandings, and conflict. The same holds for other kinds of borders, such as those within and between scholarly disciplines, or between American history and the histories of other cultures.The richness of contemporary American intellectual history springs from the variety of worlds with which it must engage. Intellectual historians have always relished being able to move back and forth between close readings of particular texts and efforts to make sense of broader cultural dispositions. That range is on display in this volume, which includes essays by scholars as fully at home in the disciplines of philosophy, literature, economics, sociology, political science, education, science, religion, and law as they are in history. It includes essays by prominent historians of European thought, attuned to the transatlantic conversations in which Europeans and Americans have been engaged since the seventeenth century, and American historians whose work has carried them not only to different regions in North America but across the North Atlantic to Europe, across the South Atlantic to Africa, and across the Pacific to South Asia. (shrink)

Paul Ricoeur clearly sought to differentiate between and keep separate his philosophical and theological intellectual endeavors. This essay brings into relief a deep, implicit, recapitulative pattern in Ricoeur’s thinking that cuts across this explicit “conceptual asceticism.” Specifically, it highlights this recapitulative pattern in Ricoeur’s treatment of prophecy in the Hebrew Bible; his understanding of utopia and ideology; the functioning of symbols in The Symbolism of Evil and of sublimation in Freud and Philosophy . On these topics Ricoeur extended his typical (...) generosity toward all that might appear to be outdated, primitive, and even regressive in our collective and personal humanity. The frequently recapitulative nature of Ricoeur’s insights indicates the importance not just of the content of his thought but also the way in which he did his thinking, a pattern which above all was generous, even to a fault. (shrink)

So‐called nudge policies utilize insights from behavioral science to achieve policy outcomes. Nudge policies try to improve people's decisions by changing the ways options are presented to them, rather than changing the options themselves or incentivizing or coercing people. Nudging has been met with great enthusiasm but also fierce criticism. This paper provides an overview of the debate on the ethics of nudging to date. After outlining arguments in favor of nudging, we first discuss different objections that all revolve around (...) the worry that nudging vitiates personal autonomy. We split up this worry into different dimensions of autonomy, such as freedom of choice, volitional autonomy, rational agency, and freedom as nondomination. We next discuss worries that nudging is manipulative, violates human dignity, and prevents more important structural reform. Throughout, we will present responses that proponents of nudging can muster. On the whole, we conclude that the objections fail to establish that the nudge program as a whole should be rejected. At the same time, they give us important guidance when moving towards an ethical assessment of nudges on a case‐by‐case basis. Towards the end, we provide some possible ways forward in debates around the ethics of nudging. (shrink)

Erroneously attributing propositional attitudes (desires, beliefs...) to computational artefacts has become internationally commonplace in the public arena, especially amongst the new generation of non-initiated users. Technology for rendering machines “user-friendly” is often inspired by interpersonal human communication. This calls forth designers to conceptualise a major component of human intelligence: the sense ofcommunicability, and its logical consequences. The inherentincommunicability of machines subsequently causes a shift in design strategy. Though cataloguing components of bouts between person and machine with Speech Act Theory has (...) been popular, I will endeavour to present thesine qua non for their insertion into a larger unit of discourse — their societal embodiment. I shall argue that the so-called “intelligence” of the artificial should to be seenas a purposeful act that is socially generated, because it comes of Man,for Man. Designership will provide the forum for evolving user requirements and interface renewal. (shrink)

A varietyV satisfies a strong Malcev condition ∃f1,…, ∃fnθ where θ is a conjunction of equations in the function variablesf1, …,fnand the individual variablesx1, …,xm, if there are polynomial symbolsp1, …,pnin the language ofVsuch that ∀x1, …,xmθ is a law ofV. Thus a strong Malcev condition involves restricted second order quantification of a strange sort. The quantification is restricted to functions which are “polynomially definable”. This notion was introduced by Malcev [6] who used it to describe those varieties all of (...) whose members have permutable congruence relations. The general formal definition of Malcev conditions is due to Grätzer [1]. Since then and especially since Jónsson's [3] characterization of varieties with distributive congruences there has been extensive study of strong Malcev conditions and the related concepts: Malcev conditions and weak Malcev conditions.In [9], Taylor gives necessary and sufficient semantic conditions for a class of varieties to be defined by a Malcev condition. A key to the proof is the translation of the restricted second order concepts into first order concepts in a certain many sorted language. In this paper we show that, given this translation, Taylor's theorem is an easy consequence of a result of Tarski [8] and the standard preservation theorems of first order logic. (shrink)

According to relational egalitarians, equality is not primarily about the distribution of some good but about people relating to one another as equals. However, compared with other theorists in political philosophy – including other egalitarians – relational egalitarians have said relatively little on what role personal responsibility should play in their theories. For example, is equality compatible with responsibility? Should economic distributions be responsibility-sensitive? This article fills this gap. I develop a relational egalitarian framework for personal responsibility and show that (...) relational equality commits us to responsibility. I develop two sets of arguments. First, I draw on relational theories of moral responsibility – particularly Strawsonian views – to show that valuable egalitarian relationships require responsibility. Second, I show why relational equality sometimes requires that economic distributions be sensitive to responsibility and choice. I also defend a seemingly paradoxical result: being committed to responsibility, relational egalitarianism not only justifies some distributive inequalities but some relational inequalities too. Overall, relational egalitarianism gives a nuanced and coherent answer as to why and how responsibility matters from within egalitarianism. That it does should be an important argument in its favour. (shrink)

The nudge approach seeks to improve people’s decisions through small changes in their choice environments. Nudge policies often work through psychological mechanisms that deviate from traditional notions of rationality. Because of that, some critics object that nudging treats people as irrational. Such treatment might be disrespectful in itself and might crowd out more empowering policies. I defend nudging against these objections. By defending a nonstandard, ecological model of rationality, I argue that nudging not only is compatible with rational agency but (...) can even support it. Accordingly, a concern with rationality speaks for more rather than less public policy nudging. (shrink)

This volume examines some of the most contentious social justice issues present in the corpus of Augustine's writings. Whether one is concerned with human trafficking and the contemporary slave trade, the global economy, or endless wars, these essays further the conversation on social justice as informed by the writings of Augustine of Hippo.

Do non-human animals have an interest in sociopolitical freedom? Cochrane has recently taken up this important yet largely neglected quest ion. He argues that animal freedom is not a relevant moral concern in itself, because animals have a merely instrumental but not an intrinsic interest in freedom (Cochrane 2009a, 2012). This paper will argue that even if animals have a merely instrumental interest in freedom, animal freedom should nonetheless be an important goal for our relationships with animals. Drawing on recent (...) work on the value of freedom, it will be argued that freedom is non-specifically instrumentally valuable. Accordingly, freedom is a means to other goods, but often it is not possible to identify those goods in advance or aim for them directly. Some of the reasons that make freedom non-specifically valuable for human relationships, it will be argued, also apply to relationships between humans and animals. Amongst other implications, it will be shown how this argument provides a response to those who fear that stricter animal protection policies might undermine people’s freedom: A concern for freedom actually requires stricter protection policies rather than speak against them. (shrink)

What distinguishes constraints on our actions that make us unfree (in the sociopolitical sense) from those that make us merely unable? I provide a new account: roughly, a constraint makes a person unfree, if and only if, first, someone else was morally responsible for the constraint and, second, it impedes an ability the person would have in the best available distribution of abilities. This new account is shown to overcome shortcomings of existing proposals. Moreover, by linking its account of unfreedom (...) to distributions of abilities, it offers an attractive combination of so-called positive and negative views of freedom. (shrink)

Why, if at all, should we object to economic inequality? Some central arguments – the argument from decreasing marginal utility for example – invoke instrumental reasons and object to inequality because of its effects. Such instrumental arguments, however, often concern only the static effects of inequality and neglect its intertemporal consequences. In this article, we address this striking gap and investigate income inequality's intertemporal consequences, including its potential effects on humanity's (very) long-term future. Following recent arguments around future generations and (...) so-called longtermism, those effects might arguably matter more than inequality's short-term consequences. We assess whether we have instrumental reason to reduce economic inequality based on its intertemporal effects in the short, medium, and the very long term. We find a good short and medium-term instrumental case for lower economic inequality. We then argue, somewhat speculatively, that we have instrumental reasons for inequality reduction from a longtermist perspective too, primarily because greater inequality could increase existential risk. We thus have instrumental reasons to reduce inequality, regardless of which time-horizon we take. We then argue that from most consequentialist perspectives, this pro tanto reason also gives us all-things-considered reason. And even across most non-consequentialist views in philosophy, this argument gives us either an all-things-considered or at least weighty pro tanto reason against inequality. (shrink)

Nudging policies rely on behavioral science to improve people's decisions through small changes in the environments within which people make choices. This article first seeks to rebut a prominent objection to this approach: furnishing governments with the power to nudge leads to relations of alien control, that is, relations in which some people can impose their will on others—a concern which resonates with republican, Kantian, and Rousseauvian theories of freedom and relational theories of autonomy. I respond that alien control can (...) be avoided, if nudging is suitably transparent and democratically controlled. Moreover, such transparency and democratic control are institutionally feasible. Building on this response, I then provide a novel and surprising argument for more nudging: democratically controlled public policy nudging can often contain the power of private companies to nudge in uncontrolled and opaque ways. Therefore, reducing alien control often requires more rather than less nudging in public policy. (shrink)

Is it a stronger interference with people's freedom to withdraw options they currently have than to withhold similar options they do not have? Drawing on recent theorizing about sociopolitical freedom, this article identifies considerations that often make this the case for public policy. However, when applied to tobacco control, these considerations are shown to give us at best only very weak freedom-based reason to prioritize the status quo. This supports a popular argument for so-called “endgame” tobacco control measures: If we (...) believe that cigarettes would and should be withheld from entering markets in hypothetical scenarios in which they do not yet exist, then we also have reason to seek their abolition in situations, such as ours, in which cigarettes do exist—if necessary by banning their sale. The same considerations are then used to disarm objections that have recently been raised to using nudges in public policy. (shrink)

Political philosophers have recently debated what role social practices should play in normative theorising. Should our theories be practice-independent or practice-dependent? That is, can we formulate normative institutional principles independently of real-world practices or are such principles only ever relative to the practices they are meant to govern? Any first-order theory in political philosophy must contend with the methodological challenges coming out of this debate. In this article, I argue that consequentialism has a plausible account of how social practices should (...) factor in normative political philosophy. I outline a version of consequentialism, Practice Consequentialism, that provides a plausible blueprint for integrating social practices in normative theorising. Second, I argue that Practice Consequentialism accounts well for the central arguments on both sides of the practice-dependence debate. Capturing arguments for practice-dependence, consequentialism brings out why real-world practices are central in formulating institutional principles. Conversely, capturing arguments for practice-independence, consequentialism offers a clear external normative perspective from which to evaluate practices. (shrink)

Freedom is one of the central values in political and moral philosophy. A number of theorists hold that freedom should either be the only or at least one of the central distribuenda in our theories of distributive justice. Moreover, many follow Mill and hold that a concern for personal freedom should guide, and limit, how paternalist public policy can be. For the most part, theorists have focussed on a person’s freedom at one specific point in time but have failed to (...) give proper attention to freedom across time. Given that we care about personal freedom now, we have reason to care about future freedom too. But what kind of distribution of freedom across a person’s lifetime should we promote as a matter of legislation and public policy? I argue that none of the candidate principles for the distribution of freedom across time is plausible. Neither a starting gate view, nor a maximisation nor a sufficientarian view is satisfactory, because none adequately reflects our various reasons to value freedom. I show that this result presents a tough challenge for theories of distributive justice and paternalism that set great store by personal freedom. (shrink)

When assessing institutions and social outcomes, it matters how free society is within them (‘societal freedom’). For example, does capitalism come with greater societal freedom than socialism? For such judgements, freedom theorists typically assume Individualism: societal freedom is simply the aggregate of individual freedom. However, G.A. Cohen’s well-known case provides a challenge: imagine ten prisoners are individually free to leave their prison but doing so would incarcerate the remaining nine. Assume further that no one actually leaves. If we adopt Individualism (...) plus the standard liberal view of freedom, such incarceration seems to leave societal freedom unaffected. This is an important theoretical challenge: it seems we must either reject Individualism or reject, or at least amend, the liberal view. Cohen also suggests his case, and the collective unfreedom therein, helps us capture how proletarians are unfree under capitalism. In this article, I argue that we can solve Cohen’s puzzle, if we focus on how power can reduce freedom. If we adopt the republican view of freedom, we can say that prisoners are unfree in Cohen’s case because they are dominated by the other prisoners. This solution keeps Individualism but moves beyond liberal freedom. I then also show how this individualistic framework captures proletarian unfreedom. (shrink)

Freedom is among the central values in political philosophy. Freedom also features heavily in normative arguments in ethics, politics, and law. Yet different sides often invoke freedom to establish very different conclusions. Some argue that freedom imposes strict constraints on state power. For example, when promoting public health, there is a limit on how far the state can interfere with individual freedom. Others, in contrast, argue that freedom is not just a constraint but also an important goal of state power (...) and collective action. Good public health policy, for example, promotes people’s freedom. Of course, different arguments often draw on different theories of freedom. So, to evaluate such arguments, we need to analyze these different theories and their implications and assess their plausibility. -/- The broadly liberal tradition views freedom as being about external options. Such theories typically start with an account of when someone has a specific freedom or unfreedom to do something. For example, some argue that only a narrow set of interpersonal interferences count as constraints on freedom. Others argue that a far broader set of factors, including ill health and natural constraints, can reduce one’s freedom. -/- Since the 1980s and 1990s, scholarship has increasingly recognized that to use liberal freedom in normative arguments, one must move beyond specific freedom and unfreedom. Most laws and policies both subtract and add specific freedoms. What matters is how a person’s freedom is affected overall. Philosophers and economists have thus engaged in intricate debates about how to measure overall freedom. Moreover, policies and law affect not only one person at one point in time but also multiple persons across time. So, liberal freedom-based arguments also require distributive criteria for intertemporal and interpersonal distributions of freedom. -/- In the early 21st century, republicanism has developed into a prominent alternative to liberal theories. Republicans argue that being a free person is not just, or not even primarily, about liberal option-freedom. Freedom requires being free from dominating power. Republicans and liberals have engaged in a lively debate on who offers the better theory. In developing the republican ideal, republicans also engage in intramural debates. For example, is domination primarily an interpersonal or structural phenomenon? And what economic institutions does republicanism imply? -/- Theorizing around freedom has become richer and moved from narrower questions regarding specific freedom and unfreedom to overall freedom and to republican theories of nondomination. But recent theorizing also seeks to extend its focus and scope. Historically, theorizing started with the freedom of able-bodied male citizens within nation states. Recent theorizing shifts the focus to include issues around gender, disability, freedom at the international level, and the freedom of nonhuman animals and future generations. Beyond fascinating implications of existing theories, a more inclusive focus is likely to also yield important lessons on how current theories can be improved. (shrink)

Why, if at all, should we object to economic inequality? Some central arguments – the argument from decreasing marginal utility for example – invoke instrumental reasons and object to inequality because of its effects. Such instrumental arguments, however, often concern only the static effects of inequality and neglect its intertemporal conse- quences. In this article, we address this striking gap and investigate income inequality’s intertemporal consequences, including its potential effects on humanity’s (very) long-term future. Following recent arguments around future generations (...) and so-called longtermism, those effects might arguably matter more than inequality’s short-term con- sequences. We assess whether we have instrumental reason to reduce economic inequality based on its intertemporal effects in the short, medium, and the very long term. We find a good short and medium-term instrumental case for lower economic inequality. We then argue, somewhat speculatively, that we have instrumental reasons for inequality reduction from a longtermist perspective too, primarily because greater inequality could increase existential risk. We thus have instrumental reasons to reduce inequality, regardless of which time-horizon we take. We then argue that from most consequentialist perspectives, this pro tanto reason also gives us all-things-considered reason. And even across most non-consequentialist views in philosophy, this argument gives us either an all-things-considered or at least weighty pro tanto reason against inequality. (shrink)